Tag Archives: federalism

David Feldman

Trump Reaffirms Support of States Rights in Cannabis

President Donald Trump on Friday reiterated his support of states choosing whether to legalize cannabis. When asked on the White House lawn by a Washington Examiner reporter whether cannabis would become legal during his Administration, Trump stated, “We’re going to see what’s going on. It’s a very big subject and right now we are allowing states to make that decision. A lot of states are making that decision, but we’re allowing states to make that decision.”

While Trump does change positions on issues, he has been consistent on the legalization of cannabis since the 2016 campaign. He has stated he is “100%” in favor of legalizing medical marijuana, and has said a number of times that recreational use should be decided by the states. Of course Republicans tend to favor states’ rights as supporters of federalism.

Trump confirmed back in April 2018 to Sen. Cory Gardner (R-CO) that he would sign a bill that permitted states to decide for themselves on legalization. Gardner and Sen. Elizabeth Warren (D-MA) subsequently introduced a bill to remove cannabis as a controlled substance within states that have legalized it. Many believe that Senate leaders Mitch McConnell and Lindsay Graham have been blocking attempts to move that bill forward in the current Congress.

Trump’s comments seem to echo Attorney General William Barr’s recent statements that his department is effectively operating under the 2014 Cole Memorandum which deemphasized prosecution against state legal cannabis enterprises in most cases.

Courts Confront Clash Between Federal and State Marijuana Laws

The clash between state and federal law regarding the use of medical marijuana continues to present an ongoing dilemma for courts around the country, as illustrated by a recent decision by the Eighth Circuit. In the United States v. Schostag, the Eighth Circuit affirmed a decision by the District Court of Minnesota barring a felon from using state-legal medical marijuana while he is on supervised release. Continue reading Courts Confront Clash Between Federal and State Marijuana Laws